LeLeLe Ltd - Terms and Conditions
In these Conditions, the following definitions apply:
Amazon Store: The webpage on www.amazon.co.uk operated by LeLeLe Limited.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Delivery Instructions: the full delivery address based in the United Kingdom or Ireland, including premises name/number, postcode and any other instructions necessary for the successful completion of delivery.
Delivery Location: must be a premise in the United Kingdom or Ireland which is accessible by Royal Mail.
Force Majeure Event: has the meaning given in clause 14.
Goods: the goods (or any part of them) that We are selling to you as set out in the Order.
Order: the Customer's order for the Goods, as set out in the Customer's purchase order form on the Supplier’s website or Amazon Store.
Specification: any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier.
We/Our/Supplier/Us: LeLeLe Limited (registered in England and Wales with company number 11200202).
You/Your/Customer: the person or organisation purchasing from LeLeLe Limited.
In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes faxes and e-mails.
2. BASIC OF CONTRACT
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.3 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.4 When you submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.
2.5 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 Our website and Amazon Store are solely for the promotion of Our Goods in the UK. Unfortunately, We do not accept orders from addresses outside the UK.
2.8 The images of the Goods on Our website and Amazon Store are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
2.9 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues, website or Amazon Store are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
2.10 We intend to rely on these Terms and the Order. If you require any changes, please make sure you ask for them to be put in writing. This can help avoid any problems with what you expect from Us and what We expect from you.
2.11 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in relevant laws and regulatory requirements; and OR
(b) Where We, in our absolute discretion, believe that there is a genuine commercial need to do so.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 13.
3.3 It is the customer’s responsibility to ensure that the Order placed is correct and no amendments can be made to the order unless agreed with Us prior to dispatch of the Order. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 13 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13.
4.1 The Goods are described on the Supplier's website or the Supplier’s Amazon Store.
4.2 The Supplier reserves the right to amend the [specification of the Goods OR Specification] if required by any applicable statutory or regulatory requirements.
5.1 All Orders placed on our Amazon Store are fulfilled by Amazon. The Goods will be dispatched by the Amazon Fulfilment Centre using Amazon’s chosen courier service once payment has cleared. We have no direct control over the timing of order processing and dispatch and therefore for all orders placed via the Amazon Store, it is expressly agreed that the time of delivery is not of the essence.
5.2 We aim to dispatch all orders placed on our website using Royal Mail Signed for First or Second Class within 3 Business Days once payment has cleared. Any dates quoted for delivery are approximate only, and it is expressly agreed that the time of delivery is not of the essence.
5.3 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
5.4 The Supplier shall deliver the Goods to the location specified in the Order (Delivery Location).
5.5 Delivery of an Order shall be completed on the Goods' arrival at the Delivery Location and the Goods will be the Customer’s responsibility from that time.
5.6 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time for deliveries to certain postcodes, including but not limited to, the postcodes specified on the Royal Mail website from time to time: www.royalmail.com.
5.7 We do not accept orders from addresses outside of the United Kingdom and Ireland.
5.8 We will contact you by email to confirm your order. You will receive a further email with an estimated delivery date and a tracking number once the Order has been dispatched.
5.9 Occasionally Our delivery to you may be affected by a Force Majeure. See clause 16 for Our responsibilities when this happens. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate Delivery Instructions or any other instructions that are relevant to the supply of the Goods.
5.10 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate Delivery Instructions or any other instructions that are relevant to the supply of the Goods.
5.11 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.
5.12 If We miss the 14 day delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:
(a) We have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told Us before we accepted your order that delivery within the delivery deadline was essential.
5.13 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 5.10, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
5.14 If you do choose to cancel your Order for late delivery under clause 5. 10 or clause 5. 11, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.
5.15 If the Customer fails to accept delivery of the Goods then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
(b) Royal Mail shall store the Goods for 18 days. If the Goods have not been accepted by the Customer during this time the Goods will be returned to Us. The Supplier may resell or otherwise dispose of part or all of the Goods.
5.16 The Customer shall not be entitled to reject the Goods if the Supplier delivers up to and including 5% more or less than the quantity of Goods ordered but a pro rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered.
5.17 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
6. THIRD-PARTY MANUFACTURER'S GUARANTEE OF GOODS
6.1 The Goods come with a manufacturer's guarantee. For details, please refer to the manufacturer's guarantee provided with the Goods.
6.2 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. GOODWILL GUARANTEE OF GOODS
If you are unhappy with the Goods for any reason, you may return them to Us unused and in their original packaging at your own cost within 30 days of receipt if you send Us the proof of purchase. We will refund you the price you paid for the Goods excluding the cost of postage.
7.1 Return/Refund Schedule
7.1.1 For customer information:
Should you need to return an item for whatever reason, you must email to firstname.lastname@example.org to arrange a return/refund, we accept any return items within 30 days of receipt, it MUST be returned to us UNUSED and undamaged, together with the original packaging for the item and complete with any supporting documentation, instruction manuals and warranty certificates. Items that are returned which do not comply with the above requirements may not be eligible for a refund.
7.1.2 Schedule for return & refund:
The item remains customer's responsibility until we received it. We recommend using a recorded mail service for sending any parcels. We will arrange replacement or refund once we received the return item(s) we will issue a refund which may take up to 7 working to reach your bank or credit account.
8.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8.2 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
8.3 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
9. TITLE AND RISK
9.1 The risk in the Goods shall pass to the Customer on completion of delivery.
9.2 Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods.
10. PRICE AND PAYMENT
10.1 The price of the Goods shall be the price set out in the Order.
10.2 The Supplier may, by giving notice to the Customer at any time up to 7 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
10.3 Any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions. These prices include VAT However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
10.4 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
10.5 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our dispatch procedures so that, where the Goods' correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
10.6 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
10.7 Where We are providing Goods to You, You must make payment for Goods in advance using secured payment gateway or by bank transfer. We accept payment with the credit and debit cards listed on the website.
11. OUR LIABILITY TO YOU
11.1 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. TERMINATION AND SUSPENSION
12.1 If the Customer becomes subject to any of the events listed in clause 12.2, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer.
12.2 For the purposes of clause 12.1, the relevant events are:
(a) the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
(b) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors [other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer];
(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(d) (being a company) an application is made to a court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
(e) (being a company) the holder of a qualifying floating charge over the Customer's assets has become entitled to appoint or has appointed an administrative receiver;
(f) a person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;
(g) (being an individual) the Customer is the subject of a bankruptcy petition or order;
(h) a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within  days;
(i) any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.2(a) to clause 12.2(f) (inclusive);
(j) the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;
(k) the Customer's financial position deteriorates to such an extent that in the Supplier's opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
(l) (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
12.3 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 12.2(a) to clause 12.2(l), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
12.4 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest.
12.5 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
12.6 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
13. YOUR RIGHT TO CANCEL AND APPLICABLE REFUND
13.1 Before the Goods have been dispatched, you have the following rights to cancel an Order for Goods including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 13.1 to your material disadvantage:
(a) you may cancel any Order for Goods before the order has been dispatched by contacting Us. We will confirm your cancellation in writing to You;
(b) if you cancel an Order under clause 13.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges;
(c) unfortunately, if you cancel an Order for Goods under clause 13.1(a) and We have already dispatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
14. OUR RIGHT TO CANCEL AND APPLICABLE REFUND14.1 We may have to cancel an Order before the Goods are delivered, due to a Force Majeure or the unavailability of stock. If this happens:
(a) we will promptly contact you to let you know;
(b) if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
15. LIMITATION OF LIABILITY
15.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
15.2 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
15.3 Subject to clause 15.1:
(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods.
16. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
17. INFORMATION ABOUT US AND HOW TO CONTACT US
17.1 We are a company registered in England and Wales. Our company registration number is 11200202 and our registered office is at Clavering House, Clavering Place, Newcastle upon Tyne, NE1 3NG.
17.2 If you have any questions or if you have any complaints, please Contact Us. You can contact Us by telephoning. Our customer service team or by e-mailing Us at email@example.com.
17.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to LeLeLe Ltd at Clavering House, Clavering Place, Newcastle upon Tyne, NE1 3NG. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
18.1 Assignment and other dealings
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax [or e-mail].
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 18.2(a); if sent by pre-paid first class post or other next working day delivery service, at [9.00 am] on the [second] Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax [or e-mail], one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(b) If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.5 Third party rights
A person who is not a party to the Contract shall not have any rights to enforce its terms.
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
18.7 Governing law
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims, shall be governed by and construed in accordance with the law of England and Wales.
These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.